Code of Virginia (Last Updated:July 28, 2020) |
TITLE 10.1. Conservation |
SUBTITLE I. Activities Administered By the Department of Conservation and Recreation |
CHAPTER 10.1. Virginia Conservation Easement Act |
SECTION 10.1-1014. Validity |
A conservation easement is valid even though: 1. It is not appurtenant to an interest in real property; 2. It can be or has been assigned to another holder; 3. It is not of a character that has been recognized traditionally at common law; 4. It imposes a negative burden; 5. It imposes affirmative obligations upon the owner of an interest in the burdened property or upon the holder; 6. The benefit does not touch or concern real property; or 7. There is no privity of estate or of contract. Except as otherwise provided in this chapter, a conservation easement may be created, conveyed, recorded, assigned, released, modified, terminated, or otherwise altered or affected in the same manner as other easements. 1988, cc. 720, 891. |